Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-10-29
LIFE, LIBERTY OR PROPERTY

LIFE, LIBERTY OR PROPERTY
without due process OF law. The word
due process of law, " as contained in tn,
fourteenth amendment, and as used 10 de
prive one of these guaranteed rights, meal
''by the law of the land" not the law of 1
county, province, or State, but the Law
of the Countrywide whole country. w
claim that all the rights, privileges anC
immunities that belonged to British sub
ject under the magma charter belong t
each citizen of the United States.
Gen. Butler then proceeded to consid
Grafton Of the special and peculiar ques
tions raised by the cases of Fielden and
Spies, who are foreigners. He cOntended
that treaties were the supreme law of the
land, and that these prisoners were entitled,
by virtue Of treaties with Germany and
Great Britain, to all the rights and priv
ileges of American citizens at the time
such treaties were made A State had nG
power to try these men by one of
ITS OWN LAWS.
which was not the law of the land ut the
time the treaties were ratified. After some
desultory remarks about the record and
the necessity of having it before the court,
and another reference to breaking Open
safes and desks, Gen. Butler said There
is no doubt that the prisoners were entitled
to trial by an impartial jury-a stupid
jury, if you please-because / don't think
man who reads newspapers is any the
more competent to try ease, rather worse
if he pays any attention to their lies"
Gen. Butler then returned again to the
unreasonable searches aud seizures, F"
complained of by the petitioners and said
his associate, Mr.. Tucker, had character
lied the proceedings as u Subpoena Duces
Teum" executed by a lOckSmith.
Why, your Honor" he exclaimed,
they searched under burglary headed
by the States Attorney, on his own admis,
sion. No miserable policeman OF half,
witted constable, but the States PrOsecut'
ing Attorney
DOES THE BURGLARY,
steals the papers, and says you can't help
that. He puts it with sort of triumph,
and yet we are told that our immunitieS
and privileges are not invaded, and OuI
remedy IS to sue for tTespass. What q
beautiful remedy, sue the States Attorney
and he tried by such a Jury, rs the laws oI
Illinois would give Better be in place
hot to be named for comfort
"A a final reason why the writ should
be granted Gen Butler urged that the pri.
soners had been sentenced to death, in
their absence and without being asked
whether they had any reason to give why
sentence of death should moi
be pronounced upon them. The re-
cord, be said, did not show that
they were absent whom sentenced but they
could prove it, The record showed that
they were present, but they could prove
by half of Chicago, that this was mis-
take.
In conclusion, Gen. Butler said MAY
l, in closing, make one observation. II
mems lives can be taken in this way, as
you have seen exhibited here to-day, bet
ter Anarchy. Better be without law than
with any such law"
Gen. Butler thanked the court for its in
diligence aud took his seat
The Chief Justice called the next case
on the docket and the Clerk answered
Ready" and the hearing OF the motion
of the anarchists for writ OF error was
over. 1t seems to be the general impres
sion among those who have paid closest at.
tentiOn to the proceedings in this case, thai
the counsel for the State had altogether the
best OF the argument in this court, and
that the writ of error will not he granted